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Meeting Minutes of May 18, 1999
A regular meeting of the Merit System Board was held on
Tuesday, May 18, 1999 in Trenton, New Jersey.
PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Margaret E. L. Howard and Judith L. Shaw, Andrea
Grundfest, Deputy Attorney General; Henry Maurer, Director,
Elizabeth A. Napolitano, Sybil Janowitch, Charles Spano, and
Robert Schremser, Division of Merit System Practices and Labor
Relations.
In accordance with L.1975, c.231, Janice Mitchell Mintz,
Chairwoman, Merit System Board, opened the meeting with the
following statement:
Notice of this Meeting was filed with the Secretary of
State and sent to the Trentonian, Trenton Times,
Courier-Post and Star Ledger on November 30, 1998 and
posted at the Department of Personnel, 3 Station Plaza,
Trenton, New Jersey.
All other actions were by unanimous vote unless otherwise
specified.
The Merit System Board approved the recommended changes in the
State Classification Plan, copies of which are attached hereto
and made a part hereof.
DATE: April 16, 1999
TO: Janice Mintz, Commissioner
Henry S. Maurer, Director
Merit System Practices and Labor Relations
FROM: Marjorie Schwartz, Director
Division of Human Resource Management
SUBJECT: Change in State Classification Plan
DEPARTMENT OF HUMAN SERVICES
This is submitted for consideration at the next Merit System
Board meeting.
The Communication Workers of America (CWA), with the support of
the Department of Human Services, has requested the upward
reevaluation of the following titles:
Child Support and Paternity Specialists (CSPS) 1
Child Support and Paternity Specialists (CSPS) 2
Child Support and Paternity Specialists (CSPS) 3
The titles all reside within the Department of Human Services,
Division of Family Development. The appeal was submitted based on
the assertion that overall functions and responsibilities have
been added to the Division of Family Development expanding the
experience, knowledge, skills and abilities requirements
necessary for these three positions.
The Department of Personnel is in agreement that these three
titles be reevaluated upward by one class code based on the
finding that there is an increase in some areas of job content
for each of the three titles. These changes were primarily in
the degree of autonomy and the levels of problem solving. The
CSPS1, a supervisory title, also showed an increase in the level
of supervision exercised.
REEVALUATION OF TITLES
Effective: 10/10/98
FROM:
Child Support and Paternity TO:
Specialist 1 Child Support and Paternity
S 25-61973 C NL 12 Specialist 1
S 26-61973 C NL 12
Child Support and Paternity
Specialist 2 Child Support and Paternity
R 22-61972 C NL 12 Specialist 2
R 23-61972 C NL 12
Child Support and Paternity
Specialist 3 Child Support and Paternity
P 19-61971 C NE 12 Specialist 3
P 20-61971 C NE 12
WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing
calendar:
Russell Burd, Head Cook Regional Food Service, Department of
Corrections, Edna Mahan Correctional Facility for Women,
suspension or fine.
Susan Gerard, Head Nurse, Department of Health Services Center,
Camden County, removal.
Alan Graves, Sr. Custodian of Records, School District, Newark,
removal.
DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without
prejudice for failure to appear at the scheduled hearing before
the Office of Administrative Law:
Mack Clackley, Practical Nurse, Department of Human Services,
Marlboro Psychiatric Hospital, resignation not in good standing.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Martin Brooks
Arthur Brisbane Child Treatment Center
Department of Human Services
Suspension
In the Matter of Marilyn Cole
Arthur Brisbane Child Treatment Center
Department of Human Services
Suspension
In the Matter of Joseph Fecci
Bergen County
Removal
In the Matter of Michael Gugulski
City of Elizabeth Housing Authority
Resignation Not in Good Standing
In the Matter of Ioulia Kotcherova
City of Trenton
Removal
In the Matter of Keith Loney
New Jersey Department of Transportation
Suspension
In the Matter of Steven Beck, et al.
Lower Township Department of Public Safety
Layoff
In the Matter of Barbara Madden
Vineland Developmental Center - Department of Human Services
Removal and Suspension
In the Matter of Terrence McCoy
City of Trenton Public Works
Fine and Removal
In the Matter of Michael Ogle
Bayside State Prison - Department of Corrections
Removal
In the Matter of Gelaine Palmer
Division of Developmental Disabilities
Department of Human Services
Resignation Not in Good Standing
In the Matter of Erik Santiago
County of Essex
Removal
In the Matter of Erica Stern
Judiciary - Middlesex Vicinage
Suspensions (2)
In the Matter of John Strouse and Sebastian J. Viscuso
Town of Kearny - Fire Department
Layoff
In the Matter of Kenneth Sumner, Jr.
Union County
Removal
In the Matter of Deborah Williams
Mercer County - Office of the County Executive
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES
- SETTLEMENT
ACTION: The Merit System Board acknowledged the
settlements with the
exception of Steven Beck, et al., Gelaine Palmer,
John Strouse and Sebastian J. Viscuso. The matters
of Steven Beck, et al., John Strouse and Sebastian J.
Viscuso were held over and the matter of Gelaine
Palmer was remanded to the Office of Administrative Law.
A-2 MICHAEL BROWN
Michael Brown, Water Repairer, City of Camden, Water
Department, suspension for 25 days on charges of
insubordination, conduct unbecoming a public employee and
misuse of public property.
Recommendation of the Administrative Law Judge - Uphold the
suspension.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-3 SANDRA BROWN
Sandra Brown, County Correction Officer, Atlantic County,
Department of Public Safety, (1) suspension for five days
beginning March 5, 1998 and suspension of ten days beginning
April 3, 1998, on charges of incompetency, insubordination,
conduct unbecoming a public employee and neglect of duty,
and (2) neglect of duty and insubordination.
Recommendation of the Administrative Law Judge - Reduce the
five and ten day suspensions from 15 days cumulatively to a
ten day suspension.
ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge upholding the five day
suspension and modifying the ten day suspension to a
five day suspension.
A-4 JANICE DOLSON
Janice Dolson, County Correction Officer, Sheriff's Office,
Passaic County, suspension for sixty days, on charges of
neglect of duty.
Recommendation of the Administrative Law Judge - Dismiss the
appeal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-5 FREDERICK COSTANZO
Frederick Costanzo, General Supervisor, City of Trenton,
Department of Public Works, removal effective January 7,
1998, on charges of being in violation of the Residency
Requirement.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-6 BUD DZAMBA
Bud Dzamba, Sanitation Worker, Morris County Municipal
Utilities Authority, removal effective September 17, 1997,
on charges of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-7 COREY EDGERTON
Corey Edgerton, Human Services Assistant, Greystone Park
Psychiatric Hospital, Department of Human Services, removal
effective July 21, 1997, on charges of physical abuse of a
patient.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-8 ELAINE LOVETT
Elaine Lovett, Cottage Training Technician, Vineland
Developmental Center, Department of Human Services, removal
effective January 16, 1998, on charges of being absent from
work as scheduled without permission.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a three month suspension.
A-9 VINCENT MIGLIACCIO
Vincent Migliaccio, Police Officer, City of Trenton,
Department of Public Safety, removal effective February 5,
1997, on charges of being in violation of the Rules and
Regulations of the Trenton Police Division and conduct
unbecoming a public employee.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-10 EDWARD O'NEIL
Edward O'Neil, Equipment Operator, Department of Public
Works - Borough of Highlands, removal effective October 17,
1997, on charges of gross insubordination and conduct
unbecoming a public employee.
Recommendation of the Administrative Law Judge - Modify the
removal to a ninety day suspension.
ACTION: The Merit System Board directed that this matter
be held over.
A-11 JOHN PILOT
John Pilot, County Correction Officer, Sheriff's Department,
Bergen County, removal effective March 24, 1995, on charges
of conduct unbecoming a public employee.
Recommendation of the Administrative Law Judge - Dismiss the
appeal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-12 ISIAH SCOTT, JR.
Isiah Scott, Human Services Assistant, Trenton Psychiatric
Hospital, Department of Human Services, removal effective
April 7, 1997, on charges of neglect of duty which could
result in danger to persons, and sleeping while on duty.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board directed that this matter
be held over.
A-13 SHAKYRA SMITH
Shakyra Smith, Human Services Assistant, Woodbine
Developmental Center, Department of Human Services, removal
effective March 6, 1998, on charges of falsification.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
A-14 NADAR MARDINI - SETTLEMENT
Initial suspension for six months, on charges of
insubordination, conduct unbecoming a pubic employee and
misconduct. Settled to a voluntary resignation and
reimbursement of three months back pay. The Board at its
meeting of May 4, 1999, directed that this matter be held
over for the receipt of a clarifying letter.
ACTION: The Merit System Board acknowledged the
settlement.
A-15 FATIMA NOBLE - SETTLEMENT
Initial removal effective September 17, 1996, on charges
of chronic and excessive lateness, unauthorized absence and
misconduct. Settled to a six month suspension and
reinstatement to employment. The Board at its meeting of
May 4, 1999, directed that this matter be held over for the
receipt of a clarifying letter.
ACTION: The Merit System Board acknowledged the
settlement.
A-16 RAMONA COMER
Ramona Comer, Custodial Worker, Newark School District,
removal effective January 27, 1997, on charges of conduct
unbecoming a public employee. The Board at its meeting of
March 9, 1999, directed that this matter be held over for a
summary of testimony.
Recommendation of the Administrative Law Judge - Uphold the
removal.
ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B-1 BRIAN ADAMS
Brian Adams, represented by James M. Clancy, Esq., appeals
his rejection as a Sheriff's Officer candidate by Camden
County and its request to remove his name from the eligible
list for Sheriff's Officer on the basis of psychological
unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-2 ANA AVILES
Ana Aviles appeals her rejection as a Police Officer by the
City of Newark and its request to remove her name from the
eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-3 CHARLOTTE BENJAMIN-JONES
Charlotte Benjamin-Jones appeals her rejection as a
Correction Officer Recruit candidate by the Department of
Corrections and its request to remove her name from the
eligible list for Correction Officer Recruit on the basis of
psychological unfitness to perform effectively the duties of
the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-4 DANIEL CREATURO
Daniel Creaturo appeals his rejection as a Correction
Officer Recruit candidate by the Department of Corrections
and its request to remove his name from the eligible list
for Correction Officer Recruit on the basis of psychological
unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-5 GEORGE HOPE
George Hope appeals his rejection as a Correction Officer
Recruit candidate by the Department of Corrections and its
request to remove his name from the eligible list for
Correction Officer Recruit on the basis of psychological
unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-6 LASANDRA RILEY
LaSandra Riley appeals her rejection as a County Correction
Officer candidate by the County of Hudson and its request to
remove her name from the eligible list for County Correction
Officer on the basis of psychological unfitness to perform
effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be denied.
B-7 DANIEL COYLE
Daniel Coyle, represented by Oswin Hadley, Esq., appeals his
rejection as a Police Officer candidate by Jersey City and
its request to remove his name from the eligible list for
Police Officer on the basis of medical unfitness to perform
effectively the duties of the position.
ACTION: The Merit System Board directed that this appeal
be granted.
B-8 PATRICIA A. BASKERVILLE
Patricia A. Baskerville, a Family Service Specialist 3 with
the Division of Youth and Family Services, Department of
Human Services, appeals the denial of sick leave injury
(SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-9 SHARON CALDWELL
Sharon Caldwell, a former Human Services Technician with the
Trenton Psychiatric Hospital, Department of Human Services,
appeals the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-10 KENNETH CARLUCCI
Kenneth Carlucci, a Campus Police Officer with the Richard
Stockton College of New Jersey, appeals the denial of sick
leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-11 DEBRA D. DAVIS
Debra D. Davis, a Senior Food Service Handler with
Woodbridge Developmental Center, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-12 JAMES DUFFY
James Duffy, who was formerly employed as a Bridge Operator
with the Department of Transportation, represented by
Cornelius W. Daniel, III, Esq., appeals the denial of sick
leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-13 FRANK GALLETTO
Frank Galletto, a Correction Lieutenant at the Adult
Diagnostic and Treatment Center, Department of Corrections,
represented by Mario A. Iavicoli, Esq., appeals the denial
of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-14 JOANNE KARANICOLA
Joanne Karanicola, a Family Service Specialist 3 with the
Division of Youth and Family Services, Department of Human
Services, appeals the denial of sick leave injury (SLI)
benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-15 WYSHEKA LOWERY
Wysheka Lowery, a Senior Food Service Handler with the
Department of Military and Veterans Affairs, appeals the
denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-16 LAURA MARTUCCI
Laura Martucci, an Insurance Examiner 2 with the Department
of Banking and Insurance, appeals the denial of sick leave
injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-17 KATHERINE SCHWED
Katherine Schwed, a Teacher 1, 12 months, with the
Department of Human Services, appeals the denial of sick
leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be granted.
B-18 VICKIE L. SILBER
Vickie L. Silber, a Practical Nurse with New Lisbon
Developmental Center, Department of Human Services, appeals
the denial of sick leave injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-19 STEPHEN SMITH
Stephen Smith, a Senior Correction Officer with East Jersey
State Prison, Department of Corrections, represented by
Robert A. Fagella, Esq., appeals the denial of sick leave
injury (SLI) benefits.
ACTION: The Merit System Board directed that this appeal
be denied.
B-20 GARRETT ASKEW
Garrett Askew appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove
appellant's name from the Police Officer (M3394X), City of
Newark eligible list due to his failure to satisfy the
City's residency requirement.
ACTION: The Merit System Board directed that this appeal
be denied.
B-21 VASHAWNTA DOUGLAS
Vashawnta Douglas appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove her
name from the County Correction Officer (C6344S), Passaic
County eligible list.
ACTION: The Merit System Board directed that this appeal
be denied.
B-22 MARK T. LYNCH
Mark T. Lynch appeals the decision of Human Resource
Information Systems which found that the Department of
Corrections had presented a sufficient basis to remove the
appellant's name from the Correction Officer Recruit
(S9998U) eligible list due to an unsatisfactory driving
record.
ACTION: The Merit System Board directed that this appeal
be denied.
B-23 MYRA THOMAS
Myra Thomas appeals the decision of Human Resource
Information Systems which found that the appointing
authority had presented a sufficient basis to remove her
name from the eligible list for Correction Officer Recruit
(S9998U), Department of Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-24 EBBIE M. WATKINS, SR.
Ebbie M. Watkins, Sr., appeals the decision of Human
Resource Information Systems which found that the appointing
authority had presented a sufficient basis to remove his
name from the eligible list for Police Officer (M1836M),
City of Camden.
ACTION: The Merit System Board directed that this appeal
be denied.
B-25 SALVATORE CERRATO
Salvatore Cerrato, a County Correction Sergeant with Essex
County, appeals to the Merit System Board (Board) stating
that he has been improperly bypassed on two occasions by
Essex County on the eligible list for County Correction
Lieutenant (PC1825V).
ACTION: The Merit System Board directed that this appeal
be denied.
B-26 WILLIAM ROBERTS
William Roberts, a Senior Postal Clerk with the Department
of the Treasury, represented by Jesse J. Averhart, CWA Local
1033, petitions the Merit System Board for interim relief in
regard to his removal on charges.
ACTION: The Merit System Board denied the request for
interim relief.
B-27 CURTIS ANDREWS
Curtis A. Andrews, a Research Scientist 2 with the
Department of Corrections, appeals the determinations of the
Director of the Equal Employment Division with the DOC,
stating that the appellant failed to present sufficient
evidence to support a finding of probable cause that he had
been discriminated against based on his race or as reprisal
for filing prior discrimination complaints.
ACTION: The Merit System Board directed that this appeal
be denied.
B-28 FARAMARZ AZIMI
Faramarz Azimi, a Principal Engineer Transportation with the
Department of Transportation (DOT), appeals the
determination of the Acting Director of the DOT's Division
of Civil Rights and Affirmative Action, stating that the
appellant failed to present sufficient evidence to support a
finding that the DOT had discriminated against him based on
his national origin.
ACTION: The Merit System Board directed that this appeal
be denied.
B-29 DONALD BENSON
The Department of Corrections petitions the Merit System
Board for reconsideration of the final administrative
decision, rendered on December 22, 1998, which modified the
30-day suspension levied against Donald Benson to a 15-day
suspension.
ACTION: The Merit System Board denied the request for
reconsideration.
B-30 ROBERT A. MCCLOSKEY
Robert A. McCloskey, an Electrician with The College of New
Jersey, petitions the Merit System Board for reconsideration
of the decision, rendered on December 28, 1998, which denied
his request for a hearing in regard to his ten-day
suspension, beginning October 26, 1998, on charges.
ACTION: The Merit System Board denied the request for
reconsideration.
B-31 KEVIN W. JONES
Kevin W. Jones, a County Correction Officer with the
Monmouth County Sheriff's Department, represented by Nancy
I. Oxfeld, Esq., appeals the action of the appointing
authority in resigning him in good standing effective
November 18, 1998.
ACTION: The Merit System Board granted a hearing.
B-32 JOHN W. LERNER
John W. Lerner, Police Sergeant, City of Camden, represented
by Edward Dowhy, Camden Organization of Police Superiors,
petitions the Merit System Board for retroactive seniority.
ACTION: The Merit System Board denied the request.
B-33 ALEXIS ORTIZ
Passaic County's failure to remove Alexis Ortiz from his
provisional position as a Senior Juvenile Detention Officer
due to his ineligibility for the position has been referred
to the Merit System Board for enforcement.
ACTION: Ther Merit System Board ordered the Appointing
Authority to
remove the provisional appointee.
B-34 JEAN LAMOTHE - ORDER OF CONSOLIDATION AND PREDOMINANT
INTEREST
Administrative Law Judge (ALJ) Ken R. Springer issued an
order which consolidated matters concerning the appellant
and determined that the Police Training Commission has
predominant interest. This order is now before the Board
for adoption.
ACTION: The Merit System Board adopted the order of
consolidation and
predominant interest.
B-35 JOYCE PRINGLE - ORDER OF CONSOLIDATION AND PREDOMINANT
INTEREST
Administrative Law Judge (ALJ) Ken R. Springer issued an
order which consolidated matters concerning the appellant
and determined that the Police Training Commission has
predominant interest. This order is now before the Board
for adoption.
ACTION: The Merit System Board adopted the order of
consolidation and
predominant interest.
B-36 LABORATORY TECHNICIAN, WATER ANALYSIS (M0036T), PASSAIC
VALLEY WATER COMMISSION
The appointing authority's failure to properly dispose of
the certification for Laboratory Technician, Water Analysis
while a provisional appointee is serving in the title has
been referred to the Merit System Board for enforcement.
ACTION: The Merit System Board directed the Appointing
Authority to revive the eligible list, remove the
provisional, make an appointment from the
certification and pay compliance costs.
B-37 SPECIAL DEPUTY APPOINTMENT, HUNTERDON COUNTY
Hunterdon County, represented by Gaetano DeSapio, Esq.
appeals the determination of the Division of Human Resource
Management that the Special Deputy designation is
inappropriate for classification of positions in the
Hunterdon County Sheriff's Department.
ACTION: The Merit System Board directed that this matter
be held over.
B-38 LUCY BARONE
Lucy Barone appeals the determination of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Records Manager (PC0829W), Ocean County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-39 EDWARD L. BRANCH
Edward L. Branch appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirements for the open competitive examination
for Senior Custodian (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal
be granted.
B-40 WARREN DEVONE
Warren Devone appeals his ineligibility for admittance to
the examination for Senior Juvenile Detention Officer
(PC0114W), Essex County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-41 MICHELE L. DUDLEY
Michele L. Dudley appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Inventory Control Specialist 2 (PS5646K), New Lisbon
Developmental Center.
ACTION: The Merit System Board directed that this appeal
be denied.
B-42 DANIEL GZEMSKI
Daniel Gzemski appeals the decision of the Division of
Selection Services which found that he did not meet the
experience requirements for the open competitive examination
for Assistant Superintendent of Weights and Measures
(C6494W), Middlesex County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-43 JOHN J. HERRMANN
John J. Herrmann appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examinations for Senior
Sewage Plant Operator Low Pressure License (PC1627U), Bergen
County Utilities Authority.
ACTION: The Merit System Board directed that this appeal
be denied.
B-44 DONNA M. LEE
Donna M. Lee appeals the determination of the Division of
Selection Services, which denied her eligibility for
admittance to the promotional examination for Principal Data
Entry Machine Operator (PS6401I), Department of Corrections.
ACTION: The Merit System Board directed that this appeal
be denied.
B-45 ELIZABETH LLOYD
Elizabeth Lloyd appeals the determination of the Division of
Human Resource Management which found that she was
ineligible for the promotional examination for Secretarial
Assistant Typing (PM1912V), Camden City Housing Authority.
ACTION: The Merit System Board directed that this appeal
be granted.
B-46 JUDY C. MATTHEWS
Judy C. Matthews appeals the determination of the Division
of Human Resource Management which found that she was
ineligible for the promotional examination for Principal
Clerk Typist (PC3011V), Salem County Welfare Board.
ACTION: The Merit System Board directed that this appeal
be denied.
B-47 LINDA M. MATHEWS
Linda M. Mathews appeals the determination of the Division
of Selection Services which found that appellant did not
meet the experience requirements for the promotional
examination for Principal Clerk Transcriber (PS6939E),
Department of Military and Veterans Affairs.
ACTION: The Merit System Board directed that this appeal
be granted.
B-48 ROBERT C. MONROE
Robert C. Monroe appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Municipal
Court Attendant (PM3686V), Atlantic City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-49 MARYANN PAPETTI
Maryann Papetti appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Assistant Municipal Tax Collector/Assistant Municipal
Treasurer (PM1381W), Elizabeth.
ACTION: The Merit System Board directed that this appeal
be denied.
B-50 FREDDERICK E. PARKER
Fredderick E. Parker appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the open competitive
examination for Truck Driver (M9038O), Atlantic City.
ACTION: The Merit System Board directed that this appeal
be granted.
B-51 WILLIAM PEGRAM
William Pegram appeals the determination of the Division of
Selection Services, which found that he did not meet the
experience requirement for the open competitive examination
for Senior Custodian, (M9036O), Newark School District.
ACTION: The Merit System Board directed that this appeal
be granted.
B-52 JOSEPH B. POWELL
Joseph B. Powell appeals the decision of the Division of
Human Resource Management which found that he was ineligible
for the promotional examination for Principal Engineering
Aide (PC1567U), Burlington County Engineering Department.
ACTION: The Merit System Board directed that this appeal
be denied.
B-53 MILDRED SCHMIDT
Mildred Schmidt appeals the decision of the Division of
Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Office Services Manager (PC1415W), County Clerk, Atlantic
County.
ACTION: The Merit System Board directed that this appeal
be denied.
B-54 SHARON SHEPPARD
Sharon Sheppard appeals the determination of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Principal Account Clerk (PM1420W), Lower Township
Municipal Utilities Authority.
ACTION: The Merit System Board directed that this appeal
be granted.
B-55 ANGELA TESTA ET AL.
Angela Testa and Denise Burgess appeal the decisions of the
Division of Selection Services which found that they did not
meet the experience requirements for the open competitive
examination for Coordinator Federal and State Aid (C0458O),
Essex County.
ACTION: The Merit System Board directed that these appeals
be denied.
B-56 SHIRLEY VOTAPEK
Shirley Votapek appeals the determination of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the promotional examination
for Computer Operator (M6519W), Union Township.
ACTION: The Merit System Board directed that this appeal
be granted.
B-57 RALPH CHIMENTO
Ralph Chimento, represented by Shira A. Rivkind, Esq.,
appeals the decision of the Supervisor, Selection Appeals
Unit, which found that he is not entitled to additional
scoring credit based on service as a volunteer Firefighter
in the Township of Belleville.
ACTION: The Merit System Board directed that this appeal
be denied.
B-58 JOHN P. OLOHAN
John P. Olohan, represented by Vincenza Leonelli-Spina,
Esq., petitions the Merit System Board for reconsideration
of its final administrative decision rendered on June 13,
1995, which upheld the determination of the Supervisor,
Selection Appeals Unit, that the appellant's examination for
Fire Captain (PM4794P), Newark was properly scored.
ACTION: The Merit System Board denied the request for
reconsideration
B-59 ANTHONY ROMANDETTO
Anthony Romandetto appeals the decision of the Supervisor,
Selection Appeals Unit, regarding his score on the
promotional examination for Police Lieutenant (PM3178S),
Belleville.
ACTION: The Merit System Board directed that this appeal
be denied.
B-60 SANDY OCHANAS
Sandy Ochanas appeals her eligibility and score for the
Office Supervisor (PS4454K), Division of Youth and Family
Services examination.
ACTION: The Merit System Board directed that this appeal
be granted.
B-61 JOHN BRIGGS
John Briggs appeals his veterans' preference determination
and his rank on the list for the title Recreation Supervisor
(M0633O), Paterson.
ACTION: The Merit System Board directed that this appeal
be denied.
B-62 MAXINE FRINK
Maxine Frink requests a make-up test for the promotional
examination for Senior Data Entry Machine Operator
(PS5880N), Department of Labor.
ACTION: The Merit System Board directed that this appeal
be denied.
B-63 EDWARD F. PAUL III
Edward F. Paul III appeals the decision of the Supervisor,
Selection Appeals Unit, which denied his request for a make-
up examination for the physical performance examination for
Fire Fighter/EMT, Gloucester City.
ACTION: The Merit System Board directed that this appeal
be denied.
B-64 ANJANA B. SHAH
The appointing authority requests the removal of Anjana B.
Shah's name from the eligible list for Microbiologist 5
(PS3011H), Department of Health and Senior Services.
ACTION: The Merit System Board directed that this appeal
be granted.
B-65 DOROTHY C. WARD
Dorothy C. Ward, represented by Dennis J. Cummins, Jr., Esq.
appeals the examination for Assistant Social Work Supervisor
(Corrections) (PS4019I), Adult Diagnostic and Treatment
Center.
ACTION: The Merit System Board directed that this appeal
be denied.
B-66 SARAH DALBEY, ET AL.
Sarah Dalbey, Michael Garrity, Patricia Lazos, Thomas
O'Rourke, Anna Signor, Vincent Trippa and Benjamin Trotter
appeal the decisions of the Division of Selection Services
concerning the test mode, examination administration, and
examination validity on the examination for Environmental
Specialist Trainee (S0336W).
ACTION: The Merit System Board directed that these appeals
be denied.
B-67 MARIA ERICKSON
Maria Erickson appeals the decision of the Division of
Selection Services concerning the test mode, examination
review, and her score on the examination for Environmental
Specialist Trainee (S0336W).
ACTION: The Merit System Board directed that this appeal
be denied.
B-68 MICHAEL PICCOLI
Michael Piccoli appeals the validity and test mode of the
examination for Environmental Specialist Trainee (S0336W)
and Hazardous Site Mitigation Specialist Trainee (S0331W).
ACTION: The Merit System Board directed that this appeal
be denied.
B-69 SHARON WALLACE
Sharon Wallace appeals the decision of the Division of
Selection Services concerning the examination review for
Environmental Specialist Trainee (S0336W), Environmental
Engineer Trainee (S0330W), Hazardous Site Mitigation
Specialist Trainee (S0331W) and Engineer Trainee Hazardous
Site Mitigation (S0332W).
ACTION: The Merit System Board directed that this appeal
be denied.
B-70 LINDA ZULTANSKI
Linda Zultanski, A Senior Vocational Rehabilitation
Counselor with Trenton Psychiatric Hospital, appeals the
denial of participation as a leave recipient in the donated
leave program.
ACTION: The Merit System Board directed that this matter
be held over.
B-71 PROPOSED AMENDMENTS TO N.J.A.C. 4A:6-1.18 PAID LEAVE FOR
CERTAIN STATE EMPLOYEES ENGAGING IN EMERGENCY CIVILIAN DUTY
TO ASSIST THE AMERICAN RED CROSS
It is recommended that the proposed amendments of N.J.A.C.
4A:6-1.18, regarding paid leave for certain State Employees
engaging in emergency civilian duty to assist the American
Red Cross be approved for publication in the New Jersey
Register for public notice and comment.
ACTION: The Merit System Board approved the proposed
amendments.
B-72 REPROPOSED AMENDMENTS TO N.J.A.C. 4A:6-1.21B(i), FEDERAL
FAMILY AND MEDICAL LEAVE
It is recommended that the reproposed amendments of N.J.A.C.
4A:6-1.21B(i), regarding Federal family and medical leave be
approved for publication in the New Jersey Register for
public notice and comment.
ACTION: The Merit System Board approved the reproposed
amendments.
B-73 REPROPOSED AMENDMENTS TO N.J.A.C. 4A:6-1.5 AND 1.9, VACATION
AND ADMINISTRATIVE LEAVES OF ABSENCE
It is recommended that the reproposed amendments to N.J.A.C.
4A:6-1.5 and 1.9, regarding vacation and administrative
leaves of absence be approved for publication in the New
Jersey Register for public notice and comment.
ACTION: The Merit System Board approved the reproposed
amendments.
B-74 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of May 4,
1999, are submitted for adoption.
ACTION: The Merit System Board adopted the minutes of its
meeting of
May 4, 1999.
B-75 ANTHONY LARINO
Anthony Larino, represented by Arnold C. Lakind, Esq., and
the City of Bayonne petition the Merit System Board to
acknowledge the settlement agreement between the parties
relating to Mr. Larino's removal from the eligible list for
Police Officer, City of Bayonne, due to psychological
unfitness to perform effectively the duties of the position.
ACTION: The Merit System Board acknowledged the
settlement.
B-76 DONALD NELSEN, JR.
The Superior Court, Appellate Division, has reversed the
decision of the Merit System Board in In the Matter of
Donald Nelsen, Jr., and remanded the matter to the Board for
a hearing on his removal.
ACTION: The Merit System Board remanded this matter to the
Office of Administrative Law.
B-77 MICHAEL MAIORINO
The appeal of Michael Maiorino, Institutional Trade
Instructor, Juvenile Justice Commission, Department of Law
and Public Safety, concerning his six-month suspension
effective August 5, 1996, on charges, was heard by
Administrative Law Judge Jeffrey A. Gerson who rendered his
initial decision on March 29, 1999, modifying the six-month
suspension to a three-month suspension. The Merit System
Board, at its meeting on May 4, 1999, ordered that the
six-month suspension be upheld. The proposed final decision
is now submitted for the Board's approval.
ACTION: The Merit System Board adopted the final decision.
B-78 LAWRENCE THOMAS
The appeal of Lawrence Thomas, a Senior Correction Officer
at the Garden State Reception and Youth Correctional
Facility, Department of Corrections, regarding a 30-day
suspension, on charges, was heard by Administrative Law
Judge (ALJ) Bruce R. Campbell, who rendered his initial
decision on March 24, 1999, upholding the 30-day suspension.
At its meeting on May 4, 1999, the Board affirmed the ALJ's
recommendation. The proposed final decision is now
submitted for the Board's approval.
ACTION: The Merit System Board adopted the final decision.
B-79 NANCY H. CAPLAN, ET AL.
Nancy H. Caplan, Chad A. Consuegra, Mary F. DuMont,
Christine C. Minnis, Michael A. Richman, Victoria H. Saniuk,
and Robert C. Williamson appeal the decision of the Division
of Selection Services which found that they did not meet the
experience requirements for the promotional examination for
supervising Administrative Analyst (PS6842K), Division of
Youth and Family Services.
ACTION: The Merit System Board directed that these appeals
be denied.
B-80 BARBARA A. KRAEGER AND KATHLEEN A. LEO
Barbara A. Kraeger and Kathleen A. Leo appeal the decisions
of the Division of Selection Services which fund that they
did not meet the experience requirements for the promotional
examination for Supervising Administrative Analyst
(PS6842K), Division of Youth and Family Services.
ACTION: The Merit System Board directed that these appeals
be granted.
B-81 EDWIN PEREZ
Edwin Perez appeals the determination of the Division of
Selection Services which found that he was ineligible for
the promotional examination for Recreation Supervisor
(PM4249V) Perth Amboy.
ACTION: The Merit System Board directed that this appeal
be granted.
B-82 MARIA ROTTKAMP
Maria Rottkamp appeals the decision of the Division of
Selection Services which found that appellant did not meet
the requirements for the promotional examination for Payroll
Supervisor (PC1210W), Cumberland County.
ACTION: The Merit System Board directed that this appeal
be granted.
B-83 LOUIS J. WILLIAMSON, ET AL.
Louis J. Williamson, Alfred H. Henry, Fred W. Reister and
Stephen M. Hornyak II appeal their scores on the promotional
examination for Deputy Police Chief (PM3637V), Trenton.
ACTION: The Merit System Board directed that these appeals
be denied.
B-84 ALBERTO ALVERADO
Glenn H. Christiansen, Manager of Shared Services 2,
Department of Personnel, on behalf of Albert Alverado,
requests relaxation of the provisions of N.J.A.C. 4A:6-1.22,
Donated Leave Program, so as to permit him to exceed the 180
day limit for such leave to allow leave donors to donate
more than 10 days of leave while maintaining their own
minimum balances in accordance with regulations.
ACTION: The Merit System Board granted the request.
B-85 EARLY SETTLEMENTS
Richard Forman, Sr.
Department of Corrections
10 day suspension
Michelle Freeman
County of Mercer
Removal
Robert F. Iwanczewski
Juvenile Medium Security Facility
Department of Law and Public Safety
Removal
Felecia Nwosu
Divison of Youth and Family Services
Department of Human Services
Removal
Thomas Stremme
Bayside State Prison
Department of Corrections
20-day suspension
ACTION: The Merit System Board acknowledged the
settlements.
There being no further business before the Merit System Board,
the meeting was adjourned to convene on Tuesday, June 8, 1999 at
10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
_______________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD |
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© State of New Jersey
Civil Service Commission |
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